96-28228. Federal Motor Vehicle Safety Standards; Air Brake Systems, Devices That Remove Moisture and Contaminants  

  • [Federal Register Volume 61, Number 214 (Monday, November 4, 1996)]
    [Proposed Rules]
    [Pages 56652-56656]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-28228]
    
    
    
    [[Page 56652]]
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. 95-65; Notice 2]
    RIN 2127-AF72
    
    
    Federal Motor Vehicle Safety Standards; Air Brake Systems, 
    Devices That Remove Moisture and Contaminants
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation.
    
    ACTION: Notice of proposed rulemaking (NPRM).
    
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    SUMMARY: This document proposes to amend Standard No. 121, Air brake 
    systems, to require that each air brake-equipped truck, truck tractor, 
    and bus be equipped with a means of automatically removing moisture and 
    contaminants from the air system. The purpose of this proposal is to 
    improve the safety of air-braked vehicles by improving the reliability 
    and durability of antilock braking system (ABS) modulator valves and 
    pneumatic control valves. This document also proposes to delete the 
    requirement for a supply reservoir since its function (i.e., the 
    elimination of moisture and contaminants) would be accomplished by the 
    addition of such automatic means. Accordingly, the deletion would not 
    adversely affect the safety of those vehicles.
    
    DATES: Comments must be received on or before January 3, 1997.
    
    ADDRESSES: Comments should refer to the docket and notice numbers above 
    and be submitted to: Docket Section, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW., Washington, DC 20590. Docket 
    hours are 9:30 a.m. to 4 p.m., Monday through Friday.
    
    FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Richard 
    Carter, Office of Crash Avoidance, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW., Washington DC 20590, (202) 
    366-5274. FAX (202) 366-4329.
        For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division, 
    Office of Chief Counsel, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW., Washington, DC 20590, (202) 
    366-2992.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
        A. Current Regulations
        B. Petition for Rulemaking
        C. Notice Requesting Comments About Devices that Remove 
    Contaminants
        D. Comments on the Notice
    II. Agency Proposal
        A. General Discussion
        B. Cost Considerations
    III. Rulemaking Analyses and Notices
        A. Executive Order 12866 (Regulatory Planning and Review) and 
    DOT Regulatory Policies and Procedures
        B. Regulatory Flexibility Act
        C. National Environmental Policy Act
        D. Executive Order 12612 (Federalism)
        E. Civil Justice Reform
    
    I. Background
    
    A. Current Regulations
    
        Federal Motor Vehicle Safety Standard No. 121, Air Brake Systems, 
    requires air-braked vehicles to be equipped with certain equipment, 
    including one or more air service reservoir systems from which air is 
    delivered to the brake chambers. (See S5.1.2) In addition, 
    manufacturers are required to either (1) equip air-braked vehicles with 
    an additional supply reservoir 1 between the service reservoir(s) 
    and the compressor, or (2) equip each service reservoir with an 
    automatic condensate drain valve.2 Both options remove moisture. 
    The supply reservoir collects moisture and solid particulate matter 
    before it can enter the service reservoir or reservoirs. An automatic 
    condensate drain valve automatically removes moisture and certain solid 
    contaminants that become trapped in the bottom of a reservoir. 
    Regardless of which option is chosen, all air reservoirs must be fitted 
    with a condensate drain valve that can be manually operated. 
    Accordingly, an automatic condensate drain valve must also be manually 
    operable. (see S5.1.2.4 for trucks and buses and S5.2.1.3 for 
    trailers).
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        \1\ The colloquial term for a supply reservoir is ``wet'' tank.
        \2\ The colloquial term for an automatic condensate drain valve 
    is ``spitter valve.''
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        The Federal Motor Carrier Safety Regulations (FMCSRs) require 
    drivers of commercial vehicles to inspect specified features on their 
    vehicles, including service brake system, prior to driving to ensure 
    those features are ``* * * in good working order.'' (49 CFR 392.7) 
    However, the FMCSRs do not require that air reservoirs be drained on 
    any fixed periodic basis.
    
    B. Petition for Rulemaking
    
        On July 28, 1994, Domenic F. Coletta, M.D. submitted a petition for 
    rulemaking requesting that Standard No. 121 be amended to require a 
    condensate drain valve that automatically purges the moisture and 
    contaminants from each reservoir tank on air-brake equipped vehicles. 
    Dr. Coletta claimed that automatic drain valves would better ensure 
    safety than manual valves since drivers frequently fail to remember to 
    manually purge moisture and contaminants from reservoirs. The 
    petitioner supplied a video showing New Jersey State police purging 
    significant amounts of liquid and contaminants from the air reservoirs 
    of heavy vehicles during roadside safety inspections.
    
    C. Notice Requesting Comments About Devices That Remove Contaminants
    
        On July 24, 1995, NHTSA issued a notice requesting information 
    about devices that remove moisture and other contaminants from air 
    brake systems (60 FR 37864). The agency explained that keeping air 
    brake systems clean and dry prevents degraded brake performance and 
    valve freezing, which can lead to brake failure. The agency was 
    especially concerned about potential problems with antilock brake 
    systems (ABS) malfunctioning, since their modulator valves have smaller 
    orifices and therefore are more sensitive to contaminants. NHTSA 
    explained that certain equipment such as automatic and manual drain 
    valves and air dryer systems can keep air brake systems, particularly 
    the air reservoirs, dry and free from contaminants. Drain valves purge 
    the reservoirs of liquid condensate and contaminants suspended in that 
    liquid. Manual drain valves must be opened by a truck driver or 
    maintenance person to drain the reservoir. While ideally this should be 
    done each morning before the vehicle is started, some drivers do not do 
    so. Automatic drain valves periodically drain the reservoir without the 
    need for human intervention.
        There are a variety of devices that reduce the amount of moisture 
    and other contaminants in an air brake system by cleaning and drying 
    the air. Among the most common are desiccant style air dryers and 
    ``after-cooler'' air dryers. In a typical desiccant style system, the 
    incoming air is routed into the bottom end of an air dryer, where a 
    large portion of the oil and water mist fall to its bottom. This 
    partially cleaned air then goes through an oil separator. Next the air, 
    which is still moist with both oil and water vapor, is passed through a 
    ``drying bed'' of desiccant material that absorbs the remaining 
    moisture. These dryers are equipped with an automatic drain valve that 
    periodically purges moisture and contaminants from the air system. In 
    contrast, in a typical ``after-cooler''
    
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    system, which uses an air cleaner only, not all the moisture is 
    removed, since the air is not passed through a drying bed of desiccant 
    material.
        NHTSA stated that according to AlliedSignal, over 80 percent of new 
    air braked heavy trucks are being built with air dryers and that more 
    than 90 percent of the dryers are the desiccant type. Moreover, that 
    company predicted that in five years almost all air braked vehicles 
    will be equipped with an air cleaning and drying system.
        NHTSA posed several questions about whether it should nevertheless 
    initiate rulemaking to require devices to remove moisture and other 
    contaminants from air brake systems. These included questions whether 
    contaminants in air brake systems cause a significant safety problem, 
    whether devices such as automatic drain valves and air dryers are 
    effective in removing moisture and contaminants from air brake systems, 
    and whether requiring such devices would be cost effective.
    
    D. Comments on the Notice
    
        NHTSA received 34 comments from vehicle and equipment 
    manufacturers, a safety advocacy group (Advocates for Highway and Auto 
    Safety) (Advocates), the Truck Manufacturers Association (TMA), the 
    Heavy Duty Brake Maintenance Council (HDBMC), the Truck Trailer 
    Manufacturers Association (TTMA), the National Truck Equipment 
    Association (NTEA), the National School Transportation Association 
    (NSTA), the American Trucking Associations (ATA), individual truck 
    operators and fleets, Senator Frank R. Lautenberg, the petitioner, and 
    numerous private citizens.
        The manufacturers and associations generally stated that a Federal 
    requirement was not necessary, claiming that the present use of air 
    dryers, and the trend towards their increased use, was sufficient to 
    maintain a safe level of performance. ATA, AlliedSignal, NTEA, NSTA, 
    Navistar, TTMA, and TMA stated that they had no records of any 
    accidents or crashes caused by contaminated air. TMA stated that while 
    contaminants in air brake systems can cause reliability problems in 
    specific components, they believe contamination does not result in a 
    significant safety problem. TMA, Penske Truck Leasing, and ATA stated 
    that a desiccant style air dryer with an integral automatic drain valve 
    more effectively removes moisture and other contaminants from an air 
    brake system than an automatic drain valve by itself. TMA requested 
    that instead of a supply reservoir, the agency should allow either an 
    automatic drain valve on each service reservoir or a desiccant style 
    air dryer. ATA also stated that desiccant air dryers were more 
    effective in keeping air in the brake system clean than automatic drain 
    valves. That organization stated that ``automatic drain valves have not 
    been found to be an effective device for removing contaminants.''
        The petitioner (Dr. Coletta), manufacturers of automatic drain 
    valves, Advocates, and a number of private citizens commented that 
    significant safety problems result from moisture and contaminants in a 
    vehicle's air system. The petitioner stated that it is very important 
    to keep the air reservoir system dry and free of contaminants to 
    prevent the contamination and deterioration of the brake system, which 
    can result in serious safety problems. To support this claim, Dr. 
    Coletta referenced a National Transportation Safety Board (NTSB) study 
    of 18 heavy vehicle crashes 3 in which NTSB investigated the 
    extent to which brake system performance caused or increased the 
    severity of heavy vehicle crashes. Inadequate brake system maintenance 
    and poor brake adjustment were either the primary or a contributory 
    causal factor in most of the crashes investigated. While not 
    specifically mentioned as a primary or direct contributory factor to 
    these crashes, the NTSB report noted that in 4 of the 18 cases (22 
    percent), significant amounts of moisture and sludge were found in the 
    air reservoirs, thereby contributing to the overall poor functioning of 
    the vehicles' brake system.
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        \3\ Heavy Vehicle Air Brake Performance (NTSB/SS-92/01; 1992)
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        Dr. Coletta and others stated that the agency should require that 
    each service reservoir be equipped with an automatic drain valve 
    instead of a manual drain valve, because truck drivers typically do not 
    manually drain the reservoirs. They further claimed that air dryers are 
    not an effective way to solve the problem of contaminants and moisture 
    in air systems, since air dryers do not remove all moisture from the 
    system and are difficult to maintain. These commenters also stated that 
    truck drivers will not perform the routine maintenance necessary for 
    desiccant systems.
    
    II. Agency Proposal
    
    A. General Considerations
    
        Based on the available information, NHTSA has decided to propose 
    amending Standard No. 121 to require that each air brake-equipped 
    truck, truck tractor, and bus be equipped with an automatic means of 
    removing moisture and contaminants from the air brake system. The term 
    ``contaminants'' includes, but is not limited to, carbon and other 
    particulates, dirt, oil, soot, and sludge. The agency believes that 
    removing moisture and contaminants would increase the reliability and 
    durability of both ABS and pneumatic control valves of air brake 
    systems, thereby increasing the safety of these vehicles. This is so 
    because contaminants cause valves to stick, thereby preventing 
    sufficient air pressure from being delivered to the brake. The proper 
    functioning of ABS valves is especially important since heavy vehicles 
    will be required to be equipped with ABS, beginning in March 1997. In 
    addition, the proposed requirements would ensure that air supply lines 
    are clear and that maximum air reservoir capacity is available to 
    drivers when braking.
        NHTSA is proposing to require air braked vehicles to be equipped 
    with a means of automatically removing moisture and contaminants from 
    the air brake system for the following reasons. First, according to 
    NHTSA's extensive fleet study 4 of ABS-equipped heavy vehicles, 
    ABS-equipped truck tractors that were also equipped with desiccant-
    style air dryers performed better than truck tractors without these air 
    dryers. In particular, vehicles with desiccant-style air dryers did not 
    experience leaks in their relay valves. Second, the previously 
    mentioned NTSB study of heavy vehicle crashes found that in 4 of 18 
    cases (22 percent), significant amounts of moisture and contaminants 
    were found in the vehicles' air reservoirs. The agency emphasizes that 
    while the study is not a statistically representative sampling of all 
    heavy vehicle crashes, it suggests that air system contamination may be 
    a problem. Third, AlliedSignal recently conducted a voluntary recall 
    5 to address freezing relay valves because the valves failed due 
    to exposure to solvents and chemicals such as antifreeze and glycol. 
    Apparently, some drivers and mechanics attempted to unfreeze the valves 
    by pouring antifreeze into the trailer's air supply and control lines.
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        \4\ Klusmeyer, L.F., Gray, A.W., Bishop, J.S., and Van Schoiack, 
    M. An In-Service Evaluation of the Performance, Reliability, 
    Maintainability, and Durability of Antilock Braking Systems (ABSs) 
    for Semitrailers, USDOT Report No. HS 808 059, October 1993.
        \5\ Ref. Voluntary Recall No.94-E-027.
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        To achieve this rule's objective, i.e., keeping air brake systems 
    dry and free of contaminants, NHTSA considered a number of regulatory 
    approaches and decided to propose a broad-based
    
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    equipment requirement rather than specifying a specific device, 
    detailed design specifications, or general performance requirements. 
    This is the same approach the agency used in establishing S5.1.8 which 
    requires that ``wear of the service brakes on newly manufactured heavy 
    vehicles to be compensated for by means of a system of automatic 
    adjustment.'' (57 FR 47793, October 20, 1992). Moreover, the agency 
    believes today's proposal is consistent with the agency's desire to 
    avoid issuing regulations that are unnecessarily design specific. NHTSA 
    is wary of specifying a particular device, an action that might 
    preclude the development of new technologies, particularly in light of 
    a recent paper 6 by the Society of Automotive Engineers (SAE) that 
    discussed a number of devices and methods that can remove moisture and 
    other contaminants from compressed air systems. These methods include 
    filtration, desiccant absorption, coalescing, centrifugal force, or a 
    combination of these processes. The SAE paper stated that the most 
    effective device would employ a combination of these processes, 
    particularly filtration, coalescing, and desiccant. These devices would 
    be permitted by this proposal.
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        \6\ Fitzsimmons, D. Synergy in Air Dryers, Multiple-State 
    Processes and Application Requirements, SAE Paper No. 952675, 
    November, 1995.
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        Another device that would be permitted under this proposal is the 
    automatic condensate drain valve, the solution suggested in Dr. 
    Coletta's petition. These devices eliminate moisture (i.e., liquid 
    condensate) and solid contaminants suspended in that liquid that 
    collect at the bottom of the supply reservoir.
        NHTSA has decided at this time not to develop a test procedure and 
    performance requirements to evaluate the dryness and cleanness of an 
    air brake system for several reasons. First, the practicality of 
    developing such a test procedure is unclear at this time. To ensure 
    that all (or substantially all) contaminants had been removed, it might 
    be necessary for the test procedure to assess the performance of the 
    entire air system, including all piping and valves. Such a test could 
    be expensive, since the piping and valves are very extensive. Moreover, 
    it might be necessary to develop different test set-ups to evaluate the 
    wide range of air systems. Second, to the agency's knowledge, criteria 
    for evaluating the amount of contamination removal do not currently 
    exist. Developing such a test procedure and criteria would have been 
    too time-consuming.
        For these reasons, NHTSA has decided to propose an equipment 
    requirement at this time. Nevertheless, the agency would prefer 
    ultimately to establish performance requirements for this equipment. 
    Federal law generally requires Federal agencies to use technical 
    standards that are developed or adopted by voluntary consensus 
    standards bodies when such technical standards are available; see 
    section 12(d) of Pub. L. 104-113. The subject of moisture and solid 
    contaminant removal from air brake systems appears to present an 
    opportunity for NHTSA to adopt consensus performance requirements 
    developed by an organization such as the Society of Automotive 
    Engineers (SAE). SAE would be performing a service to the public by 
    developing such consensus performance requirements, as well as 
    permitting a significant savings in resources for the government. NHTSA 
    is aware of and has been monitoring the efforts of the SAE to develop a 
    Recommended Practice for assessing the amount of airborne moisture and 
    solid particulate matter contaminant levels present at the output side 
    of the service reservoirs. If the SAE can reach consensus on some 
    performance requirements, NHTSA anticipates relying on those consensus 
    requirements in its further consideration of this issue.
        NHTSA requests comments on its decision to propose requiring that 
    air-braked vehicles be equipped with a means of automatically removing 
    moisture and other contaminants rather than proposing a test procedure 
    and performance requirements. The agency also invites comments about 
    the proposed terminology used to describe the equipment that the 
    amendment would require, especially whether various devices would 
    comply with the proposal.
        NHTSA has decided to propose deleting the requirement for a supply 
    reservoir since the service reservoirs in an air system would be 
    equipped with an automatic means of removing moisture and contaminants 
    from the air system. The agency believes that removing supply 
    reservoirs would not compromise air brake system performance, provided 
    that a means of automatically removing moisture and contaminants is 
    added. Nevertheless, the agency invites commenters to submit data and 
    test results comparing the durability and reliability of air brake 
    systems on vehicles that are equipped as follows: those vehicles 
    equipped with a supply reservoir but are not equipped with a means for 
    automatically removing moisture and contaminants versus those vehicles 
    that are not equipped with a supply reservoir but are equipped with a 
    means for automatically removing moisture and contaminants. Also, the 
    agency requests comments about the likelihood that a purchaser would 
    decide not to equip its vehicles with supply reservoirs, if the 
    proposed amendment were adopted.
        NHTSA has decided to retain the requirement of S5.1.2.4 that each 
    reservoir be fitted with a manual draining capacity. The agency 
    believes this capability is needed as a supplemental means of verifying 
    that the primary means of automatically removing moisture and 
    contaminants is functioning properly. Periodic manual purging checks to 
    ascertain that liquids are not collecting in service reservoirs should 
    accomplish this function. Automatic condensate drain valves (or an air 
    dryer with an automatic drain valve) that can be manually actuated, 
    would comply with this requirement.
    
    B. Cost Considerations
    
        In its notice requesting comments, NHTSA estimated that devices 
    that would comply with requirements to keep the air system clean and 
    dry could range from $75-$400 per vehicle. The commenters generally 
    concurred with these estimates. The agency estimates that the annual 
    production of air braked vehicles is approximately 209,000 (148,000 
    truck tractors and approximately 61,000 single unit trucks and buses), 
    based on its earlier analysis in the Final Regulatory Evaluation for 
    the ABS final rule (60 FR 13216, March 10, 1995). NHTSA estimates that 
    90 percent of all currently manufactured truck tractors are already 
    equipped with a means of automatically removing moisture and 
    contaminants and that 75 percent of all single unit trucks and buses 
    are so equipped. This proposal would affect the remaining 30,000 
    vehicles (14,800 truck tractors + 15,200 single unit vehicles). They 
    would need to be equipped with these devices at a total annual cost of 
    between $2.25 million to $12 million.
        NHTSA notes that some of these costs might be offset by savings if 
    manufacturers choose to eliminate the supply reservoirs from the 
    estimated 209,000 air brake equipped truck tractors, trucks and buses 
    that are manufactured each year. The amount of these offsetting savings 
    could vary appreciably, depending on a number of factors. First, 
    removing one of the three air reservoirs could necessitate increasing 
    the size of the remaining two service reservoirs to meet the reservoir 
    sizing requirements of S.5.2.1.1. Nevertheless, two larger reservoirs
    
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    would cost less than three reservoirs and their associated piping and 
    fittings. The agency estimates that there would be a savings of between 
    $10-$75 per vehicle. Second, the extent to which manufacturers and 
    heavy vehicle users decide to no longer equip their vehicles with a 
    supply reservoir is uncertain.
        Accordingly, for the purposes of this analysis, the agency has 
    conservatively assumed that between 0-50 percent of newly manufactured 
    air-braked power units would no longer be equipped with supply 
    reservoirs. Based on this assumption, the agency estimates that no 
    longer equipping vehicles with supply reservoirs would offset the 
    proposal's costs by between $0-$7.8 million per year, with a 
    conservative estimate being $1 million. The agency invites comments on 
    these cost estimates. After reviewing this information, NHTSA will 
    factor in these cost savings in assessing the rulemaking's overall 
    cost.
        Based on applying this $1 million cost savings to the costs 
    associated with requiring air-braked vehicles to be equipped with a 
    means of automatically removing moisture and contaminants, NHTSA 
    estimates that a total cost of $1.25 million to $11 million would be 
    incurred to comply with the proposed requirements. In addition, by 
    ensuring dry and clean air, today's rulemaking would contribute to more 
    fully achieving the anticipated benefits expected from equipping heavy 
    vehicles with ABS.
        NHTSA decided not to propose requiring a means of automatically 
    removing moisture and contaminants separately on both towing and towed 
    units in a combination-unit vehicle. The agency reasoned that since the 
    air used on trailers is supplied by the towing unit, having the means 
    to automatically remove moisture and contaminants on the towing unit 
    would be sufficient to ensure dry and clean air on towed units as well. 
    The agency further reasoned that sufficient safety enhancement, 
    relative to the costs incurred, would be achieved by specifying such a 
    requirement only for the towing unit. The agency estimates that it 
    would cost an additional $13.9 million to $74 million per year to equip 
    the 186,100 heavy truck trailers that are manufactured each year. The 
    agency solicits additional data and comments on its decision not to 
    propose requiring that trailers be equipped with a means of 
    automatically removing moisture and contaminants.
    
    Rulemaking Analyses and Notices
    
    A. Executive Order 12866 (Regulatory Planning and Review) and DOT 
    Regulatory Policies and Procedures
    
        This notice has not been reviewed under Executive Order 12866. 
    NHTSA has considered the impacts of this rulemaking action and 
    determined that it is not ``significant'' within the meaning of the 
    Department of Transportation's regulatory policies and procedures. The 
    agency's Final Economic Assessment of the final rules amending Standard 
    No. 105 and Standard No. 121 to require medium and heavy vehicles to be 
    equipped with ABS, concluded that the benefits associated with those 
    requirements exceeded the costs that would result. The additional costs 
    associated with adding a means of automatically removing moisture and 
    contaminants to those vehicles that would otherwise not be equipped 
    with them, would increase the costs of the ABS rule by 0.2 percent to 
    1.7 percent. This small increase does not alter the agency's original 
    determination. Based on the discussion above and this consideration, 
    NHTSA believes that the impacts are so minimal as not to warrant 
    preparation of an additional full regulatory evaluation.
    
    B. Regulatory Flexibility Act
    
        NHTSA has also considered the effects of this proposal under the 
    Regulatory Flexibility Act. I hereby certify that it would not have a 
    significant economic impact on a substantial number of small entities. 
    Accordingly, the agency has not prepared a preliminary regulatory 
    flexibility analysis.
        NHTSA concluded that the March 1995 final rule amending Standard 
    No. 121 did not have a significant impact on a substantial number of 
    small entities. The agency concluded then that a small number of 
    intermediate and final stage manufacturers that are small businesses 
    might be affected by the rule, but that the impact would not be 
    substantial. That conclusion is equally valid for this proposal, since 
    today's proposal addresses the same types of manufacturers as addressed 
    in the March 1995 action, and since the costs of this rulemaking are 
    much less.
    
    C. National Environmental Policy Act
    
        NHTSA has analyzed this rulemaking action for the purposes of the 
    National Environmental Policy Act of 1969. The agency has determined 
    that implementation of this action would not have any significant 
    impact on the quality of the human environment. No changes in existing 
    production or disposal processes would result.
    
    D. Executive Order 12612 (Federalism)
    
        NHTSA has analyzed this action under the principles and criteria in 
    Executive Order 12612. The agency believes that this rulemaking action 
    would not have sufficient Federalism implications to warrant the 
    preparation of a Federalism Assessment. No State laws would be 
    affected.
    
    E. Civil Justice Reform
    
        This rulemaking would not have any retroactive effect. Under 49 
    U.S.C. 30103, whenever a Federal motor vehicle safety standard is in 
    effect, a State may not adopt or maintain a safety standard applicable 
    to the same aspect of performance which is not identical to the Federal 
    standard, except to the extent that the State requirement imposes a 
    higher level of performance and applies only to vehicles procured for 
    the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial 
    review of rulemakings establishing, amending or revoking Federal motor 
    vehicle safety standards. That section does not require submission of a 
    petition for reconsideration or other administrative proceedings before 
    parties may file suit in court.
    
    Public Comments
    
        Interested persons are invited to submit comments on the proposal. 
    It is requested but not required that 10 copies be submitted.
        All comments must not exceed 15 pages in length. (49 CFR 553.21). 
    Necessary attachments may be appended to these submissions without 
    regard to the 15-page limit. This limitation is intended to encourage 
    commenters to detail their primary arguments in a concise fashion.
        If a commenter wishes to submit certain information under a claim 
    of confidentiality, three copies of the complete submission, including 
    purportedly confidential business information, should be submitted to 
    the Chief Counsel, NHTSA, at the street address given above, and seven 
    copies from which the purportedly confidential information has been 
    deleted should be submitted to the Docket Section. A request for 
    confidentiality should be accompanied by a cover letter setting forth 
    the information specified in the agency's confidential business 
    information regulation. 49 CFR part 512.
        All comments received before the close of business on the comment 
    closing date indicated above for the proposal will be considered, and 
    will be available for examination in the docket
    
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    at the above address both before and after that date. To the extent 
    possible, comments filed after the closing date will also be 
    considered. Comments received too late for consideration in regard to 
    the final rule will be considered as suggestions for further rulemaking 
    action. The NHTSA will continue to file relevant information as it 
    becomes available in the docket after the closing date, and it is 
    recommended that interested persons continue to examine the docket for 
    new material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules docket should enclose a self-addressed, stamped 
    postcard in the envelope with their comments. Upon receiving the 
    comments, the docket supervisor will return the postcard by mail.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Motor vehicle safety, Motor vehicles, Rubber and tires.
    
    PART 571--[AMENDED]
    
        In consideration of the foregoing, the agency proposes to amend 
    Standard No. 121, Air Brake Systems, in Title 49 of the Code of Federal 
    Regulations at Part 571 as follows:
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        1. The authority citation for part 571 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
    delegation of authority at 49 CFR 1.50
    
    
    Sec. 571.121  Standard No. 121; Air Brake Systems
    
        2. Sec. 571.121 would be amended by revising S5.1.2 and by adding a 
    new section S5.1.9, which would read as follows:
    
    
    Sec. 571.121  Standard No. 121; Air Brake Systems
    
    * * * * *
        S5.1.2  Reservoirs. One or more service reservoir systems, from 
    which air is delivered to the brake chambers.
    * * * * *
        S5.1.9  Contamination Removal. Each truck, truck tractor and bus 
    shall be equipped with a means of automatically removing moisture and 
    contaminants from the air system.
    
        Issued on: October 29, 1996.
    L. Robert Shelton,
    Associate Administrator for Safety Performance Standards.
    [FR Doc. 96-28228 Filed 11-1-96; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
11/04/1996
Department:
National Highway Traffic Safety Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
96-28228
Dates:
Comments must be received on or before January 3, 1997.
Pages:
56652-56656 (5 pages)
Docket Numbers:
Docket No. 95-65, Notice 2
RINs:
2127-AF72: Automatic Drain Valve for Air Reservoir Tanks
RIN Links:
https://www.federalregister.gov/regulations/2127-AF72/automatic-drain-valve-for-air-reservoir-tanks
PDF File:
96-28228.pdf
CFR: (1)
49 CFR 571.121